Official Opinions of the Attorneys General of the United States, Advising the President and Heads of Departments, in Relation to Their Official Duties

POSTAL SAVINGS SYSTEM-Continued.

14. Same. When such bonds are transferred to the board of trustees by the bank in consideration of the deposit with the bank of postal-savings funds, the board acquires a good title thereto as pledgee, since said bonds are negotiable instruments and the board is a purchaser for value without notice of any flaw in the title thereto.

Ib.

15. Private Banks in Indiana.-Private banks in Indiana under the legislation of 1907 may become depositories of postal-savings funds under section 9 of the act of June 25, 1910 (36 Stat. 816), as construed in the opinion of March 12, 1912 (29 Op. 368). 420. 16. Public Building Fund Bonds of Oklahoma.-Certain public building bonds issued by the State of Oklahoma and payable out of a trust fund which the State is pledged merely to administer are not acceptable as security for postal savings funds, as they are not supported by the taxing power within the meaning of section 9 of the postal savings depositories act of June 25, 1910 (35 Stat. 816). 451.

17. Settlement of Accounts of Deceased Depositors.-The Postmaster General is authorized to make regulations dispensing with administration proceedings in the settlement of accounts of deceased depositors in the Postal Savings System, provided such regulations be reasonable, adapted to the discovery of truth, and based upon the general legal principles governing the distributions of decedents' estates. 477.

18. Same. Perhaps it would be well to have the regulations printed in the pass book or otherwise brought to the attention of the depositors, and it would also seem wise, out of abundant caution, to have the regulations adopted by the board of trustees. Ib.

19. Wilson Township Bonds.-Certain good road bonds of Wilson Township issued by the board of commissioners of Wilson County, N. C., under authority of law and which are payable out of taxes levied against all the property, both real and personal, contained within the limits of said township without any restrictions or limitations, may be accepted as security for deposits of postal savings funds consistently with section 9 of the postal savings depositories act of June 25, 1910 (36 Stat. 816), and with the regulations of the board of trustees. 425.

20. Same. The sufficiency of any bonds offered as security for the deposit of postal savings funds, even if they fall within the class "public bonds or other securities supported by the taxing power," rests entirely in the uncontrolled discretion of the board of trustees. Ib.

See also PORTO RICO, 1.

POSTAL SERVICE. See ERIE RAILROAD Co.; OCEAN MAIL SERVICE;

PHILIPPINE ISLANDS, 6, 7.

POSTMASTER GENERAL.

AUTHORITY TO ARRANGE SPECIAL PARCEL POST SERVICE. See
PHILIPPINE ISLANDS, 6, 7.

AUTHORITY TO MAKE REGULATION IN SETTLEMENT OF ACCOUNTS.
See POSTAL SAVINGS SYSTEM, 17, 18.

PRESIDENT.

1. Appointments.-The agents in the Alaska fur-seal fisheries service and the agents and inspector in the Alaska salmon fisheries service, whose positions were placed in the Division of Alaska Fisheries by the act of March 4, 1911 (36 Stat. 1439), need not be reappointed, since the mere creation of a new administrative division in which such positions are placed does not establish new offices; the new positions of agent, Alaska salmon fisheries, and of warden and deputy wardens, Alaska service, in the Division of Alaska Fisheries, should be filled by appointments made by the President, by and with the advice and consent of the Senate, as the duties of these officers are manifestly not clerical.

116.

2. Same. The deputy commissioner of fisheries must be appointed by the President, by and with the advice and consent of the Senate, and where such appointment is made by the head of the department it is illegal and the incumbent's status is that of a de facto officer. A new appointment is not made necessary, however, merely by reason of the increase of the salary of the office. 116.

3. Authority to Send Militia into a Foreign Country.-The Constitution, which enumerates the exclusive purposes for which the militia may be called into the service of the United States, affords no warrant for the use of the militia by the General Government, except to suppress insurrection, repel invasions, or to execute the laws of the Union, and hence the President has no authority to call forth the Organized Militia of the States and send it into a foreign country with the Regular Army as a part of an army of occupation. 322.

INFORMATION RELATING TO NATIONAL BANKS. See NATIONAL
BANKS, 4, 5.

PROCLAMATION. COPYRIGHT. See COPYRIGHT Laws, 1.

SAME. EXCHANGE OF LANDS.

SAME. EXPORT OF ARMS, etc.

WAR, 6, 7, 8, 9.

See PORTO RICO, 10, 11.

See ARMS AND MUNITIONS OF

SAME. 50TH ANNIVERSARY OF EMANCIPATION PROCLAMATION.
See EMANCIPATION PROCLAMATION.

SAME. SALES OF TIMBER FROM UNALLOTTED INDIAN LANDS.
See INDIANS, 3.

PRIBILOF ISLANDS.

NATURALIST, FUR-SEAL FISHERIES, APPOINTMENT. See COM-
MERCE AND LABOR, SECRETARY OF, 2.

PHYSICIANS, APPOINTMENT. See COMMERCE AND LABOR, SEC-
RETARY OF, 2.

PRINTED FACING SLIPS.

See CONTRACTS, 3.

PROCLAMATION. COPYRIGHT PRIVILEGES. See COPYRIGHT Laws, 1. EXCHANGE OF LANDS. See PORTO RICO, 10, 11.

EXPORT OF ARMS, etc. See ARMS AND MUNITIONS OF War, 6, 7, 8, 9.

50TH ANNIVERSARY OF EMANCIPATION

EMANCIPATION PROCLAMATION.

PROCLAMATION. See

SALES OF TIMBER FROM UNALLOTTED INDIAN LANDS. See IN-
DIANS, 3.

PROJECTILES. See EIGHT-HOUR LAW, 19.

PROMOTIONS. See ARMY, 4.

PUBLIC FUNDS. See NAVY, 1, 2, 3.

PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE.

Selection of Surgeon General. The President in selecting a
Surgeon General of the Public Health and Marine-Hospital
Service is not restricted by law to the list of commissioned
officers in the Medical Corps of that service. 287.

PUBLIC LANDS.

1. Disposition of Reclaimed Land Formerly Covered by Mud Lake, Minn. Lands in Minnesota ceded to the United States by the Chippewa Indians which were formerly covered by Mud Lake but are now reclaimed by drainage should be surveyed and disposed of for the benefit of the Indians like any other lands included in the cession which have been reclaimed pursuant to the act of May 20, 1908 (35 Stat. 169), and the drainage laws of the State.

2. Same. Any patents that may issue for the shore lots should be by appropriate description confined expressly to the land above the meander line. 455.

3. Same-Public lands beneath the waters of a navigable lake become subject to the disposition of the State wherein they lie upon and by virtue of her admission to the Union; but the question of navigability is a Federal question ultimately determinable by the Supreme Court of the United States, applying the Federal constitution. Ib.

4. Same. The test of navigability is actual or potential utility for the purposes of commerce-Mud Lake considered and held nonnavigable. Ib.

5. Same.

Public lands beneath the waters of a nonnavigable lake do not pass to the State by virtue of her admission, but are subject to be disposed of by the United States apart from the surrounding upland. Ib.

PUBLIC PRINTER. See GOVERNMENT PRINTING OFFICE, 1, 2.

PUBLIC PRINTER, DEPUTY. See GOVERNMENT PRINTING OF

FICE, 3.

PUBLIC WORK. See EIGHT-HOUR LAW, 15.

QUITCLAIM DEEDS. See DISTRICT OF COLUMBIA, 5.

RADIO COMMUNICATION.

1. Issuance of Licenses.-The Secretary of Commerce and Labor has no authority under the act of August 13, 1912 (37 Stat. 302), to refuse to grant a license to a domestic corporation to operate apparatus for trans-Atlantic radio communication on the ground that the stock of the corporation is owned or controlled by foreigners. 579.

2. Same. A corporation organized under the laws of the State of New York whose stock is owned by German interests can not be denied such a license until, by reciprocal arrangement with Germany, American capital is guaranteed the right of investing in and controlling corporations organized under German laws to operate coast stations in Germany for trans-Atlantic radio communication. Ib.

RAILROAD LAND GRANTS.

1. Mineral Indemnity Selections.-Atlantic & Pacific and Southern Pacific Grants.-Under the act of July 27, 1866 (14 Stat. 292), granting lands to the Atlantic & Pacific Railroad Co. and to the Southern Pacific Railroad Co., the grantees are entitled to 20 odd-numbered sections of land per mile on each side of the line or 40 sections per mile in all, through Territories, and 10 oddnumbered sections per mile on each side of the line, or 20 sections per mile in all, through States, extending laterally from the line of road. 124.

2. Same. The railroad companies by the third proviso to section 3 of the act of July 27, 1866 (14 Stat. 295), must obtain their mineral indemnity lands from the odd-numbered sections within 20 miles from the line of road which were entered by individuals prior to the time when the rights of the companies attached, but which have since been canceled or abandoned. Ib.

3. Same Northern Pacific Land Grant. In selecting indemnity lands for the loss of mineral lands the Northern Pacific Railway Co. is not limited to the State in which the loss occurred. 498. 4. Same. The company may select as indemnity lands within the primary limits, which at the time the grant attached were "reserved, sold, granted, or otherwise appropriated," but which have since been relieved of that impediment and at the time of selection are unoccupied or unappropriated public lands. Ib. 5. Same. The indemnity selection for lost mineral lands may be made within 50 miles of the line of the road. Ib.

6. Same. Where there is a discrepancy between the printed statutes and the enrolled act the latter will control. Ib.

RECESS APPOINTMENTS. See ARMY, 3.
RECESS PROMOTIONS. See ARMY, 3, 4.

RECLAMATION OF ARID LANDS.

1. Filing of Agreements.-Agreements entered into by the States to reclaim arid lands pursuant to section 4 of the act of August 18, 1894 (28 Stat. 422), known as the Carey Act, are not within the purview of sections 3744 and 3745 of the Revised Statutes, and hence there is no necessity for filing copies thereof in the Returns Office of the Department of the Interior. 437.

2. Same. These agreements when executed and approved by the President form a part of the records of the General Land Office and there would seem to be no reason for changing the departmental practice of filing them in that office. Ib.

RECLAIMED LANDS. See PUBLIC LANDS, 1, 2, 3, 5.

REFEREE BOARD, DEPARTMENT OF AGRICULTURE. See FOOD AND DRUGS ACT, 2, 3.

REGISTRY OF VESSELS. See VESSELS, 5.

REID WRECKING CO.

CLAIM FOR SERVICES. See VESSELS, 8, 9.

RETIREMENT. See ARMY, 1, 7.

RETURN OF A CONTRACT. See CONTRACTS, 4.

RIGHTS OF WAY. See FOREST RESERVES.

RIVER AND HARBOR WORK. See WORKMEN'S COMPENSATION. SADDLES, BRIDLES, ETC. See ARMS AND MUNITIONs of War, 7. ST. JOSEPH COUNTY SAVINGS BANK, SOUTH BEND, IND. See POSTAL SAVINGS SYSTEM, 1.

SAN JUAN, P. R.

IMPROVEMENT BONDS. See PORTO RICO, 2.

SCHOOLS. See ALASKA; ATTORNEY GENERAL, 5.

SEAMEN.

An American seaman, disabled in the service of the vessel and who was left in a hospital at a foreign port, is entitled to medical expenses incident to a recovery from the injury and transportation back to the United States, and where these expenses are paid out of funds belonging to the United States, after notice to the owners of the vessel that they were liable for the same and demand made for payment, the owners of the vessel may be held liable therefor. 54.

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Official Opinions of the Attorneys General of the United States, Advising ...